Motorway Service Station Overstay Fine

Redx

I dont think the OP contacted CP PLUS at all, in other words my take on this is that the OP ignored the initial NTK, in which case the POPLA ship has long since sailed

if they had appealed it and it was rejected, then yes a POPLA code should have been issued , but has to be used within about 33 days at the maximum

I believe the OP has admitted who was driving in their reply to WH , so POFA 2012 keeper protection may have been compromised

so as this happened in the summer, I think all the avenues apart from a MOTO complaint have closed

I would not pay this charge , as even if the OP lost in court the judgment could be less

Coupon-mad

But the OP needs to know that 'no appeal avenue' does NOT mean to pay. Some people still make that assumption!

TexasChainstoreMascara

I genuinely did not see any signs, like I say I did not even think it would be possible for a service station to issue a fine/charge- I thought their whole purpose was for rest stops. I'm sure I know of lorry drivers who take their forced 9 hour breaks at service stations.

The only person I contacted was Wright Hassall solicitors to argue the toss and let them know what had occurred and why I overstayed. I now know this to be an error thanks to your kind advice.

As I said, I have emailed the MOTO M.D to try and resolve, I think it's disgraceful that they should apply such charges- as if they don't make enough money charging £3 for cheese sandwiches.

Theoretically thgen, what is the worst that could happen?

If I am taken to a small claims court I am assuming they could force me to pay a fee. Is there any CCJ or damage to credit records that go with this?

TexasChainstoreMascara

I have now had an official response saying that my email has been forwarded to the appeals dept- at least that means that someone is looking at it, right?

What are the likely reponses I could receive at this point and how is the correct way to reply?

Tilt

AFAIK All motorway service areas are actually owned by the department of transport. The main purpose of them is to provide rest/refreshment areas for drivers for fairly obvious reasons. I doubt that any court in the land would disagree with the defence of "i needed a sufficient rest period which maybe isn't consistent with the time limit set out in the terms and conditions of the PPC". In my opinion when it comes to motorway service areas in particular, time limits of less than 4 hours are unreasonable and potentially dangerous.

That being said, it would still need a decent prepared defence to present to the court and the correctly worded 'appeal' to the PPC should make them think twice about taking it that far.

Let's re-assure the OP that their only legal resource available is the small claims court in which he would have a good defence.

I certainly wouldn't pay the charge without a fight.

Tilt

TexasChainstoreMascara wrote: »

I have now had an official response saying that my email has been forwarded to the appeals dept- at least that means that someone is looking at it, right?

Almost certainly they are because if they have half a brain they should realise that they are going to look very silly in court making you pay a charge for falling asleep. I mean, would they rather you fall asleep behind the wheel in the fast lane?

TexasChainstoreMascara wrote: »

What are the likely reponses I could receive at this point and how is the correct way to reply?

The correct way to reply is not reply at all. Wait for them to reply to you and then come back and let us know what they say.

TexasChainstoreMascara

Actually got a response from Wright Hassall Solicitor today:

With reference to your recent correspondence, the contents of which have been duly noted.

Please note this matter has now progressed to recovery stage and we are unable to consider appeals at this stage. An appeal should have been sent to the car park operator in writing or email by the registered keeper or a third party with keeper’s signed authority within 28 days from the date of the initial PCN.

Moreover, our clients are members of British Parking Association (BPA), their signage is ample, clear and in line with the BPA Code of Practice to ensure the motorist is bound by them when they enter and remain at the site. They are happy all the correct process has been followed and that the Parking Charge Notice (PCN) stands.

Therefore, to close the matter in settlement of your liability, the outstanding balance of £186.00 needs to be paid in full. We will place a 14-day hold on this matter to allow you time to make payment in full. Should payment in full not be received, the hold will be removed and this account may proceed to litigation stage with a view to issuing a claim and obtaining judgment.

Please see below our payment methods we have enclosed for your convenience.

Thoughts??

Redx

let them try a court claim, simple as that , then put up a good defence and see what a judge says

its likely you would pay less even if you lost in court , maybe £150 to £175 if you lost

you then have up to say 28 days to pay the judgment to avoid a CCJ and the matter would be settled

but I can assure you that the 2 hour free limit applies to all MSA,s that I know of , I have never been in one where there isnt a parking company involved and the signs tend to be all over the place

but you might have a valid case for a defence and you could win and claim up to £90

so given that they have already added fees on , then let them take it before a judge

and yes they are correct, its too late to appeal (but its not too late to complain to MOTO and get it cancelled)

TexasChainstoreMascara

I will see what MOTO come back with.

Going to court seems very stressful if not entirely necessary. What chance would I have of winning?

Do I need to reply to Wright Hassall at all or just leave it?

Redx

court is a lottery and anyone that tells you the odds is a fool !!!!

Barry Beavis thought he could win and was advised by many that he could , it went to the County Court , Court of Appeal , and the Supreme Court (I helped in the funding) - he lost , 3 times (he overstayed on a "free for 2 hours" car park where there was no option to pay to extend the parkimg time limit , the company has since decided to cease trading on there and elsewhere too - ie:- STAPLES)

you could win on no locus standii (no contract) , poor and inadequate signage , POFA 2012 failures if you did not admit who was driving , plus maybe other issues too - who knows ?

maybe the PPC would not issue a court case ?

maybe they would fold when they saw your defence ?

maybe the judge will be favourable towards you on the day ?

nobody can tell you , all they will tell you is that court is a lottery and only a fool would bet on either side